Third Amendment

From Conservapedia - Reading time: 2 min

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The Third Amendment to the United States Constitution states:

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No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

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The amendment is a response to Quartering Acts passed by the British parliament during the American Revolutionary War, giving the British Army the right to lodge soldiers in private American residences. While it is irrelevant in the modern United States, it was an important amendment at ratification, since Great Britain forced American citizens to house soldiers.

The Third Amendment has been litigated only once, in the 1982 case Engblom v. Carey. Striking New York state correctional officers were replaced by National Guard troops and evicted from their on-site employee housing to make room for them. The officers sued in the District Court for the Southern District of New York, alleging Third and Fourteenth Amendment violations. The District Court ruled summarily in favor of the defendants, whereupon the plaintiffs appealed to the Second Circuit. Judge Walter R. Mansfield affirmed the Fourteenth Amendment dismissal, but held that the Third Amendment claims had merit, establishing that National Guardsmen are "soldiers" within the meaning of the Amendment and "owner" includes tenants. The Court remanded the case back to District Court for a further decision on the merits. The District Court then dismissed the case entirely, holding that the plaintiffs were shielded by qualified immunity given the lack of previous Third Amendment jurisprudence.

Amendments to the Constitution of the United States of America

Bill of Rights:
1 - Freedom of speech, press, religion, etc.
2 - Right to bear arms
3 - Quartering of soldiers
4 - Warrants
5 - Due process
6 - Right to a speedy trial
7 - Right by trial of a jury
8 - No cruel or unusual punishments
9 - Unenumerated rights
10 - Power to the people and states

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11 - Immunity of states to foreign suits
12 - Revision of presidential election procedures
13 - Abolition of slavery
14 - Citizenship
15 - Racial suffrage
16 - Federal income tax
17 - Direct election of the United States Senate
18 - Prohibition of alcohol
19 - Women's suffrage
20 - Terms of the presidency
21 - Repeal of Eighteenth Amendment
22 - Limits the president to two terms
23 - District of Columbia Voting for President
24 - Prohibition of poll taxes
25 - Presidential disabilities
26 - Voting age lowered to 18
27 - Variance of congressional compensation